Independent servicers of ATM's filed an antitrust suit against Diebold in San Francisco last week. The complaint alleges that Diebold denied access to Diebold parts necessary to repair and upgrade machines. Diebold has about a 62 % share of the US financial institution ATM market and 90 % of the market for servicing Diebold ATM machines.

The litigation arrives as the deadline for upgrading machines to the Triple Data Encryption Standard approahces. Diebold had a policy of access for third party servicers to spare parts under a hold harmless agreement. The policy was unilaterally changed last year, according to the complaint.